The Amendment to the Evidence Act passed in Parliament earlier this week will allow witnesses who are out of state to provide evidence in court during criminal proceedings.
The Bill was introduced in Parliament on Monday.
According to Minister for National Security and Home Affairs, Rayburn Blackmoore evidence of a witness who is not present to give oral testimony will be admitted only when the court is satisfied that it is in the interest of justice to do so.
“The new section 13 borders the scope of the provision by providing for general admissibility of evidence reports and the admissibility of expert reports in criminal proceedings,” he said.
He continued, “In this provision Mr. Speaker the court is empowered to allow the admission of an expert report when expert witness is dead… or physically or mentally unfit to attend the proceedings or is outside Dominica and is not reasonable or possible to secure his attendance, where he or she cannot be reasonably expected to recall the matters or their information.”
Blackmoore added, “Sometimes matters take a very long time before the court the next witness expert is not there.”
He said no longer cases will be struck out simply because witnesses may be dead or ill.
“This change to the law to allow testimonials of persons who cannot be present and who cannot be expected to travel to Dominica at this time is necessary,” Blackmoore remarked.
I think Mr. Blackmoore you should extend the Law to also focus on circumstantial evidence in criminal cases. One may ask what is circumstantial evidence? evidence not drawn from the direct observation of a fact in issue. Such a witness may testify that, h/s observe John Doe fire a bullet that kill Harry, this is direct evidence. on the other hand Circumstantial means DNA, such hair, blood, clothing, fingerprints, and many other parts of the person body. I remember in one case in Dominica the court did not allowed a video into evidence. I don’t know if I am correct one can correct me. But it is time for the judicial system give the DPP the tool they need going forward to make Dominica a safer place for its citizens as well as visitors on a whole.
The danger here is it seems, is that Dominica might automatically be unintentionally and by default developing extradition treaties with foreign nations without actually establishing such treaties.
How will the individuals in foreign lands provide evidence? Will it be through an official capacity, or will this be through a WhatsApp video call?
Through what mechanism will the experts obtain this information? Is it left for the court to determine how the information will be obtained, or that the experts must first obtain permission from the court, and then proceed without official involvement?
” no longer cases will be struck out simply because witnesses may be dead or ill.” If this is the only justification for the amendment, as it seems to me, then a different set of measures should be employed, but as is, I see more complications than solutions.
There seems to be so much that needs to have been presented for this bill to appear to be reasonable.
I wonder what prompted this new amendment? It will turn around and bite some crooks in the (you know what). This administration has made it a practice of keeping the general public in the dark about a hell of a lot. Previous administrations informed the nation of their plans and intentions. Not even the M.O.U with China on behalf of the citizens have we been informed about. Keep the secrecy of these illegitimate acts up. Thanks Blackmore for giving us an avenue to find out most of the things which have been hidden from Dominicans.